RevLocal, LLC v. Collette

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 REVLOCAL, LLC, Case No.: 21-cv-383-WQH-AHG 12 Plaintiff, ORDER 13 v. 14 NICK L. COLLETTE, 15 Defendant. 16 17 NICK L. COLLETTE, 18 Third Party Plaintiff, 19 v. 20 RC CONSULTING d.b.a Second Nature, 21 Third Party Defendant. 22 HAYES, Judge: 23 The matter before the Court is the Motion for Leave to Withdraw as Counsel for 24 Defendant/Third Party Plaintiff Nick L. Collette filed by attorney Patrick D. Paschall. (ECF 25 No. 27). 26 /// 27 /// 28 1 I. BACKGROUND 2 On March 4, 2021, Plaintiff RevLocal, LLC filed a Complaint against Defendants 3 Nick L. Collette and RC Consulting, arising from Defendants’ alleged misappropriation of 4 Plaintiff’s trade secrets. (ECF No. 1). Nick L. Collette is the only remaining Defendant. 5 (See ECF No. 17). 6 Defendant Collette waived service of the summons and Complaint but failed to file 7 an answer or otherwise respond to the Complaint. (ECF No. 4). On June 10, 2021, the Clerk 8 of the Court entered default as to Defendant Collette. (ECF No. 10). On July 9, 2021, 9 Plaintiff filed a Motion for Default Judgment against Defendant Collette. (ECF No. 15). 10 On October 14, 2021, the Court denied the Motion for Default Judgment. (ECF No. 19). 11 On October 26, 2021, the Court granted the parties’ Joint Motion to Set Aside Default and 12 Extend Time for Defendant Collette to Respond to Plaintiff’s Complaint. (ECF No. 21). 13 On November 12, 2021, Defendant Collette filed an Answer to the Complaint. (ECF 22). 14 On November 26, 2021, Defendant Collette filed a Third Party Complaint against RC 15 Consulting. (ECF No. 24). 16 On December 13, 2021, attorney Patrick D. Paschall of Paschall Law filed a Motion 17 to Withdraw as Counsel for Defendant/Third Party Plaintiff Collette. (ECF No. 27). On 18 December 15, 2021, the Court issued an Order requiring that: (1) any response to the 19 Motion to Withdraw as Counsel shall be filed on or before December 30, 2021; and (2) 20 attorney Paschall shall provide a copy of the Court’s Order to Collette on or before 21 December 16, 2021. (ECF No. 29). On December 16, 2021, attorney Paschall filed an 22 Affidavit stating that “[o]n December 15, 2021, [he] emailed a copy of the Order to Mr. 23 Collette,” and Collette “confirmed receipt of the Order via a responding email.” (ECF No. 24 30 ¶¶ 3-4). 25 II. DISCUSSION 26 “An attorney may not withdraw as counsel except by leave of court.” Darby v. City 27 of Torrance, 810 F. Supp. 275, 276 (C.D. Cal. 1992). Withdrawal is governed by the 28 California Rules of Professional Conduct. See Nehad v. Mukasey, 535 F.3d 962, 970 (9th 1 Cir. 2008). Rule 1.16(b) sets forth several grounds on which an attorney may request 2 permission to withdraw, including if “the client knowingly and freely assents to termination 3 of the representation.” Cal. R. of Prof’l Conduct 1.16(b)(6) (Eff. June 1, 2020). The court 4 has discretion to grant or deny an attorney’s motion to withdraw in a civil case. See 5 LaGrand v. Stewart, 133 F.3d 1253, 1269 (9th Cir. 1998); Beard v. Shuttermart of Cal., 6 Inc., No. 07-cv-594-WQH-NLS, 2008 WL 410694, at *2 (S.D. Cal. Feb. 13, 2008). “In 7 ruling on a motion to withdraw as counsel, courts consider: (1) the reasons why withdrawal 8 is sought; (2) the prejudice withdrawal may cause to other litigants; (3) the harm 9 withdrawal might cause to the administration of justice; and (4) the degree to which 10 withdrawal will delay the resolution of the case.” Beard, 2008 WL 410694, at *2. 11 The Motion to Withdraw as Counsel is supported by the Declarations of attorney 12 Paschall and Defendant/Third Party Plaintiff Collette. Attorney Paschall stated, “On 13 December 9, 2021, Mr. Collette informed me that he is terminating my representation 14 pursuant to our retainer agreement and representing himself in this action.” (ECF No. 27 15 at 3). Attorney Paschall further stated that he served the Motion to Withdraw on Collette 16 via U.S. Mail and email. Defendant/Third Party Plaintiff Collette stated, “I consent to Mr. 17 Paschall’s withdrawal as counsel of record for me in this action and will be representing 18 myself in pro per.” (Id. at 4). 19 Having reviewed the record and the reasons for withdrawal, the Court concludes that 20 there is good cause to grant the Motion to Withdraw as Counsel. This case is in its early 21 stages. No party has filed an opposition to the Motion to Withdraw, and Defendant/Third 22 Party Plaintiff Collette has expressed his intention to represent himself. The Court 23 concludes that there is a minimal risk of prejudice to other litigants or of harm to the 24 administration of justice, and that withdrawal is unlikely to significantly delay resolution 25 of the action. The Motion to Withdraw as Counsel is granted. 26 /// 27 /// 28 /// 1 ||T. CONCLUSION 2 IT IS HEREBY ORDERED that the Motion to Withdraw as Counsel (ECF No. 27) 3 granted. Attorney Patrick D. Paschall is withdrawn as counsel for Defendant/Third Party 4 || Plaintiff Nick L. Collette. The Clerk of the Court is directed to remove counsel’s name 5 the electronic notification system 6 IT IS FURTHER ORDERED that Defendant/Third Party Plaintiff Nick L. Collette 7 || shall proceed pro se in this action. The Clerk of the Court is directed to provide a copy of 8 Order, and all further orders, to Defendant/Third Party Plaintiff Nick L. Collette at the 9 || following address: 10 Nick L. Collette ll 860 Turquoise Street, Unit 124 San Diego, CA 92109 12 Telephone: (858) 405-1990 13 Email: nlcollette83 @ gmail.com 14 A party proceeding pro se “is bound by the [Civil Local Rules] and by the Fed. R. 15 P.” and “must keep the court and opposing parties advised as to current address.” 16 ||CivLR 83.11(a)-(b). “Failure to comply [] may be ground for dismissal or judgment by 17 || default.” CivLR 83.11(a). 18 || Dated: January 6, 2022 BME: ie Z. A a 19 Hon. William Q. Hayes 0 United States District Court 21 22 23 24 25 26 27 28